WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. 1035 of 1984. Between the Federated Miscellaneous Workers' Union of Australia, Hospital, Service and Miscellaneous, W.A. Branch, Applicant and Powerclean, Res- pondent. Order. HAVING heard Dr S.A. Kennedy on behalf of the applicant and Mrs P. Bentley on behalf of the respondent and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders — That the Hospital Workers (Cleaning Contractors Private Hospitals) Award No. 2 of 1977 be varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the date hereof. Dated at Perth this 5th day of March 1985. [L.S.] (Sgd.) G.G. HALLIWELL, Commissioner. [L.S.j (Sgd.) G.G. HALLIWELL, Commissioner. 472 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 65 W.A.I.G. Schedule. 1. Clause 10.—Overtime: Delete this clause and insert the following in lieu: 10.—Overtime. (1) "Overtime" shall mean all time worked beyond or in excess of the ordinary rostered hours of duty prescribed in Clause 7.—Hours or Clause 29.— Part-Time Workers of this award, on any day the worker is rostered on duty and except as hereinafter provided, shall be paid for at the rate of time and one half for the first two hours and double time thereafter. Such rates shall be paid in addition to the weekend or shift work rates as the case may be. (2) In lieu of payment for overtime and by agreement between the worker and the employer, time off equivalent to the time worked may be granted when overtime is occasioned through the failure of another worker to report for duty, except where a full additional shift is required, when overtime rates shall apply. (3) All work performed by workers on any day on which they are rostered off duty or days worked in excess of those provided in Clause 7.—Hours or Clause 29.—Part-Time Workers shall be paid for at the rate of double time. (4) Where a worker is required to work overtime and such overtime is worked for a period of at least two hours in excess of the required daily hours of work, the worker shall be provided with a meal free of cost or shall be paid the sum of $4.00. This subclause shall not apply where the worker has been advised of the necessity to work overtime on the previous day. (5) A worker who has completed his/her usual hours of duty and has left the job and who is recalled to work after the usual ceasing time, shall be paid a minimum of three hours at overtime rates and for all reasonable costs incurred in returning to work. 2. Clause 15.—Annual Leave: Delete subclause (6) of this clause and insert the following in lieu: (6) Any time in respect of which a worker is absent from work except time for which he/she is entitled to claim sick pay or time spent on annual leave or long service leave as prescribed by this award shall not count for the purpose of determin- ing annual leave. 3. Clause 19.—Height Money: Delete this clause and insert the following in lieu:— 19.—Height Money. (1) A cleaner shall not be required to work from the top of a ladder more than 3.05 metres long which rests on ground or floor level. (2) Where it is necessary to go wholly outside a building to clean windows, a worker shall, if such cleaning be 15.5 metres or more from the nearest horizontal plane, be paid an allowance of $1.30 per day. (3) Where a worker is required to clean windows from a swinging scaffold or similar device, he/she shall be paid $0.22 per hour extra for every hour or part thereof so worked. 4. Clause 21 .—Contract of Service: Delete this clause and insert the following in lieu: 21.—Contract of Service. (1) The contract of service shall be by the week and shall be terminable by one week's notice, except in the case of a casual worker when one hour's notice shall be given. If the required notice is not given either by the employer or the worker, one week's or one hour's pay shall be either paid or forfeited as the case may be. (2) In the event the worker is dismissed for mis- conduct such worker shall be paid up to the point of dismissal. (3) No employer engaged in the cleaning of any hospital by contract shall enter into a contract of service with a worker with respect to cleaning work in any hospital other than in accordance with the provisions of this award. That is, the provisions of this award shall apply to, and only to, such work as is actually performed in any hospital notwithstanding the concept of major and substantial employment. 5. Clause 22.—Higher Duties: Delete this clause and insert the following in lieu: 22.—Higher Duties. A worker who is required to do work which carries a higher rate of pay than that which he/she usually performs shall be entitled to the higher rate whilst so engaged. Provided that if engaged in such higher grade of work for more than two hours in one day he/she shall be paid at the higher rate for the day. HOSPITAL WORKERS (Government). Award No. 21 of 1966. BEFORE THE